Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered August 7, 2008. The order, among other things, conditionally granted the motion of defendants in action Nos. 1 and 2 seeking to dismiss the EDPL article 5 proceeding unless plaintiff LT Propco, LLC join certain indispensable or necessary parties.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 10, 2010

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating those parts providing that LT Propco, LLC join certain indispensable or necessary parties and by providing in the third ordering paragraph that the motion is denied and as modified the order is affirmed without costs.

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